STATE v. ZBITNOFF

No. 10547.

386 P.2d 343 (1963)

STATE of Montana ex rel. Steve ELAKOVICH, d/b/a The Bluebird Bar, Relator and Appellant, v. Alex ZBITNOFF, as County Surveyor for Silver Bow County and the Board of County Commissioners of Silver Bow County, Montana and Gene Daly, Frank Gorsh, and Elizabeth Gerry, Joint and severally as said Board of County Commissioners of Silver Bow County and the Montana State Highway Commission and Roy L. Sorrells, et al., Respondents.

Supreme Court of Montana.

Decided November 5, 1963.


Attorney(s) appearing for the Case

John L. Hamner, Butte, John J. McCarthy, Butte (argued), for appellant.

Daniel Sullivan, Helena (argued), Mark Sullivan, Butte (argued), for respondents.


DOYLE, Justice.

This is an appeal by relator Steve Elakovich, d/b/a The Blue Bird Bar, from an order directing the issuance of a peremptory writ of mandate. The action was heard by the district court of the second judicial district, sitting without a jury. The court entered such order in favor of relator-appellant, from which this appeal is taken.

Appellant instituted this appeal by submitting a judgment roll, nothing else. Thus, we have no knowledge of the...

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